Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Since the Supreme Court’s decision in KSR Int’l Co. v. Teleflex, Inc., patent examiners at the United States Patent & Trademark Office (USPTO) have wider latitude with respect to combining prior art references to support an obviousness rejection. Following KSR, the USPTO promulgated examination guidelines and rationales for examiners to use in evaluating obviousness. Patent applicants may overcome a rejection based some of these rationales, for example, by demonstrating the unpredictability present in the art at the time the invention was made. One way to do that is by surveying the state of the prior art and presenting evidence to the USPTO. A declaration under 37 C.F.R. § 1.132 (132 declaration) may add credibility to such evidence.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.